The Rt Hon Malcolm Bruce MP

Aug/Sept Column

Column from Malcolm Bruce MP

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Has MacAskill's decision compromised justice?

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Kenny MacAskill's decision to release convicted Lockerbie bomber Abdelbaset Ali al-Megrahi has reverberated around the world and divided opinion in Scotland.

The handling of the decision has been understandably criticised even by those who believe it to be the right one.

First of all the impression was given that Mr MacAskill was seeking to maximise his place in the spotlight - something he may now regret - allowing campaigning momentum to build up in Libya and the USA. Certainly the sight of Scottish saltires waving in Tripoli as Mr Megrahi returned was curious.

More to the point questions need to be asked as to why Mr MacAskill needed to meet Megrahi, what precedent that sets and what was discussed given the subsequent decision to drop his appeal giving rise to the impression that this might have been perceived as a condition of his release.

There was also a gratuitous swipe at the UK Government's treaty agreement on the return of prisoners. This is a normal arrangement with many countries with which we have good or improving relationships. All the UK was doing was making it an option between Libya and the UK.

Any decision to return a prisoner would still have been a matter for the Scottish Justice Minister. Scottish ministers seemed to argue that because there was only one Libyan prisoner in Scotland the treaty should not have been concluded. Some people might have preferred an arrangement to return him to complete his sentence in Libya rather than freeing him.

These are specific questions about Megrahi's release. There are wider concerns. Was there any suggestion that there was a connection between oil development and investment opportunities and Megrahi's continued imprisonment? As it was alleged that Megrahi was part of a wider conspiracy involving others why has nobody else been brought to justice?

There are suggestions that foreign powers other than Libya might have been involved and that Megrahi may have been scape-goated to secure closure. We certainly know from our experience of Irish bombers that the need to secure convictions has led to miscarriages of justice. For that reason, it appears that families of the British victims of the Lockerbie bombing wanted his appeal to continue in the hope that some of these questions might be addressed.

If it turns out that the appeal was abandoned because it was thought to prejudice Megrahi's chance of returning home to die and this was in any way connected to Mr MacAskill's decision then this would be a serious miscarriage of justice.

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Leith Hall and contents should be kept

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I was glad to remind myself of the delights of Leith Hall and its contents at last weekend's opening of the house. I have visited the House many times over the years and I have already expressed support for the campaign to try and secure access to the house and its fascinating contents following the National Trust's crisis decision to close the house to the public on the grounds that it was not sustainable and the Trust's overall finances were in dire straits.

I am please that the Trust has indicated to myself and Alison McInnes MSP that it is looking at options for Leith Hall that could enable it to be open again to the public and for its treasures to be retained and viewed at the house. The fascinating artefacts, paintings, furnishings and the unique original Jacobite pardon are much more interesting because of their connection with the house and would not have the same resonance in another location.

Future options appear to include upgrading the letting accommodation and working with local agencies to attract events and functions and increase visitor numbers.

This was a model that worked in the 1970s and with the lively support of local agencies and friends of Leith Hall I believe we can change this shock closure decision into a positive opportunity and I will be working with all campaigners and the Trust (of which I am a long standing member) to help bring this about.

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US health row will feature in UK election

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The debate in the United States over President Obama's proposals to extend health cover to America's poorest people who are largely excluded from health care because they are either too poor to pay the insurance premiums or get it from their employer has generated a fierce debate over the Atlantic.

During the presidential election campaign John McCain attacked Obama's proposals and made unflattering comparisons with the NHS. This has been picked up in recent weeks where some right wing commentators have implied that the NHS was some form of failed neo communist bureaucracy.

David Cameron's Tories have waded in with their own unflattering comparisons revealing a strong strand of Tory thinking which wants to privatise large sectors of the NHS.

No health service is perfect and there will always be inadequate resources to keep up with new medicines and technologies. It is probably true that the richest nation in the world leads the world in many health innovations. However, 60 million Americans (equivalent to the UK's entire population have little or no access to health care.

In the UK we pride ourselves on the inclusiveness of the NHS. It is the US system's exclusiveness that is its downfall as a role model.

The Labour Government have poured money into the NHS but this has come to an end and we face a tight funding future. There has also been too much central micro management of targets and objectives that have been distorting.

Nevertheless, the NHS 12 years ago was in crisis and the right wind of the Tory party's love affair with expanding the private sector is not the answer and looks set to be a hot topic of debate in the forthcoming general election.

The administration of the NHS in Scotland may be devolved but any change in the funding mechanisms introduced by Westminster will have repercussions north of the border. The US debate has helped to flag this up in the UK.

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Annie Lennox right to speak out on AIDs

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Aberdeen's own Annie Lennox was outspoken in her recent criticism of the Catholic church over the Pope's recent statements in Africa on HIV/AIDs.

In response the church sought to deflect her criticism by saying membership of the church was low in the counties in Africa that had the highest incidence of HIV/AIDs which is to miss the point.

Having produced annual reports on tackling AIDs and a report on Maternal Health I am very aware of the concerns amongst development workers at headline grabbing statements that compromise the processes of education and awareness on the issues of transmission of diseases and the lack of access to birth control and safe abortion.

My committee has commented on the need for practical information to enable people to minimise the risks of transmission and to enable women to make choices in relation to their reproductive rights.

Of course churches are entitled to encourage their members to take moral decisions but public statements make it more difficult to support the rights of women to demand the right to contraception and more safe abortion for unwanted pregnancies that can be life threatening.

Churches may disapprove of practices that encourage the spread of AIDs but if people are to engage in such practices is it not sensible to encourage them to take sensible precautions that at least reduce the risk? This is particularly important for women, who are often infected by men who have had sex outside a stable relationship or with men, or taken intravenous drugs. They will be better protected if the men take precautions in these circumstances rather than take half the Pope's message - i.e. don't abandon the 'immoral' practices but refuse to take precautions such as using a condom.

So, well done, Annie Lennox, for speaking out.

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Questions on inappropriate use of UK arms supplies

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The Committee on Arms Export controls on which I sit has expressed its concerns about British arms exports to Israel and Sri Lanka - on both of which I had input.

It appears that equipment supplied to the USA by British suppliers, has probably been incorporated into arms sold by the USA to Israel and then used in the recent conflict in Gaza. This is a tricky area as the USA is a major defence market but the UK and the EU have strict criteria for arms exports which must be strictly applied.

In the case of Sri Lanka it appears we may have supplied arms during the cease fire when the Sri Lankan government was preparing its decisive offensive against the Tamil Tigers.

In both cases the committee accepts the right of the Israeli and Sri Lankan governments to defend themselves but is concerned if arms we supply are used against their own citizens and prejudice the potential for long term peace settlements.

ENDS